Statement legalities..

[kmummy]

So we still haven't come to an agreement with the LEA. We've had our 3rd proposed statement and still no TA hours written in. We have deferred DS until January but I need to decide what to do as LA are pushing us to finalise. I feel we've hit a wall with them as they won't budge. Do I agree to finalise then take the step to tribunal? They've said that there will be another panel meeting toward the end of year to make changes again before he starts (not sure if this is incorrect). What I need to know is if I don't take it to tribunal after it is finalised and they are lying about the panel meeting in December will I never be able to fight it? Hope that makes some sense!

Demand that the Statement is finalised immediately. Then put in an appeal. Tribunal against parts 2 & 3 will be a minimum of 4 or so months from when you put the appeal in. I put my appeal in end of February - we went to Tribunal 12 July (so 4½ months). So if they do have a panel meeting in December, you will nearly be a Tribunal date. You never know, they may act properly with the threat of a Tribunal hanging over them. If you wait until December (if they have the meeting!), then your 4 months will start ticking from when they finalise the Statement after the meeting.

Have you had your outcome yet?

I'm really not sure what else to do. From a safety aspect I can't send him unless he has full time supervision but all they keep saying is there's not enough evidence. I don't know how I'm meant to get it across to a tribunal about how little he understands. He has no awareness of what is going on around him at all, plus his speech is only that of a two year old, his understanding is worse.

You will need solid evidence. Do you have any reports? Reports have a-sort-of 6 month life-span. So if you do have reports now, be prepared to have them updated shortly before Tribunal.

Do not trust the LA. They will not be working in the best interests of your child. Only you will be doing that

No decision yet. Still waiting.

We have reports from the original statement request. It has in there about his no sense of danger and where he is developmently but they've said because it doesn't have it written by anyone that he must have supervision at all times then they won't write it!

Really hope you hear soon.

When is he 5?

You need to write to them stating that you are disappointed that they have not specified and quantified as is required by law and you would like them to finalise as soon as possible so that you can appeal. It is fine to tell them this, and that this is the reason.

In the meantime download the appeal forms and fill them in as much as you are able so that you can send the appeal form the minute the statement arrives. Make it clear that your child is currently out of school due to unsafe and inadequate arrangements.

Star not until April and I have written already reminding them they have a legal obligation to specify and quantify. I also emailed that we've been given no other option but to delay his enrolment into school and will not do so until we know he is safe. Our LEA is a pathfinder and I know they are starting the new way from this September and will not write TA hours in, but we applied last December so our statement still comes under the old way. I just feel like homeschooling I'm sick of these walls :(

What new way?

Pathfinders still have to abide by the law, and it doesn't change until Sept 14, not Sept 13.

What I mean is, the new way IS the old way. Policies cannot replace the law.

If you really don't mind homeschooling, then you have absolutely nothing to lose or fear from appealing do you?

Sorry though. This seems to be pretty common atm.

They've said they won't be issueing statements anymore? I really have no knowledge about any of it just things PP have advised us.

Yes that's the way I'm looking at it. We don't mind homeschooling if it comes to it but I feel I should do everything in my power to try and get him what he deserves before I back down.

I completely agree, make them finalise and appeal. There is no point in continuing to argue with them, if they haven't sorted it out by now they're not going to. And never never never rely on an LA promise to sort out problems later.

For the appeal, you really are going to have to get some independent expert evidence. Talk to SOS SEN and/or IPSEA about it. If you'd qualify for legal aid, talk to a lawyer via the CLA helpline - www.gov.uk/civil-legal-advice

Does PP mean Parent Partnership? If so, they are not as independent as they would like you to think. They are funded by the LA and many physically sit within the same office as the LA's SEN department. Go on the ipsea site and get some advice from them.

They have a statutory duty to issue statements to whoever need them until Sept 14. In Sept 13 they can issue EHCP if they want (not by law but by the time you have successfully argued this in court the new law WILL have passed) but have been directed to ensure parents are able to opt out of new arrangements and will get statements if requested.

agree with the others, ask them to finalise and get your appeal in. our case was very similar. LA refused to specify TA hours. after we appealed they eventually gave in. appealing to the SENDIST does not nesssesarily mean a tibunal hearing.

do you have any support? I contacted IPSEA and they assigned a case worker to my appeal who guided and supported me along the way.

Well - look at it this way. If they really are not going to be issuing Statements any more you'd better ask to have yours finalised before they stop issuing them.

Then you can take the LA to Tribunal.

By the way - whatever lies the LA tell you, they do actually have to quantify hours.

They will probably try to string it out by holding meeting, 4, 5, 6, 7, ....... until Statements are actually no longer issued.